An order of suspension lapses if not reviewed within 90 days, as established by the Supreme Court, emphasizing timely disciplinary action.

JUDGEMENT AND ORDER :

SUMAN SHYAM, J.

1. Heard Mr. H.K. Das, learned counsel for the writ petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing on behalf of the State.

2. The petitioner herein, in an Officer belonging to the Assam Civil Service Grade-I (ACS Gr-I). During the course of her employment, the writ petitioner was posted as the Managing Director (MD) of the Assam Fisheries Development Corporation (AFDC). The writ petitioner was placed under suspension by order dated 09/02/2023 due to the departmental proceeding initiated against her. On 09/02/2023 itself, a show cause notice under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (herein after referred to as the Rules of 1964) read with Article 311 of the Constitution of India was served upon her calling upon the petitioner to show cause as to why, any of the penalties prescribed under Rule 7 of the Rules of 1964 should not be imposed upon her.

3. The enquiry conducted into the charges brought against the petitioner have since been concluded and the Enquiry Officer has also submitted the Enquiry Report whereby, the charges have been held to have been established. It is the admitted position of fact that a copy of the Enquiry Report was forwarded to the petitioner, whereafter, she has also submitted her response in respect thereof. The Disciplinary Authority is, however, yet to take a decision on the question of penalty, so as to bring the disciplinary proceeding to its logical end.

4. In this writ petition, the basic plea of the writ petitioner is that there were lapses on the part of the departmental authorities in reviewing the order of suspension within the time frame laid down in the decision rendered by the Hon’ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India through its Secretary and another reported in (2015) 7 SCC 291 as well as the subsequent decision of the Division Bench of this High Court rendered in the case of State of Assam & Anr. Vs. Ajit Sonowal reported in 2023(6) GLT 115. According to Mr. Das, if an order of suspension is not reviewed within the time frame of 90 (ninety) days from the date of issuance of the same, the said order would lapse automatically by operation of law and the same cannot be revived subsequently by issuing orders beyond the period of 90 days. Viewed from that angle, submits Mr. Das, continuance of the petitioner under suspension as on date, is wholly illegal and, therefore, is liable to be set aside by this Court.

5. Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing for the respondents, on the other hand, has produced a copy of the written instruction dated 04/04/2025 issued by the Joint Secretary to the Government of Assam, Personal (A) Department, to submit that the charges brought against the petitioner have been established in the enquiry proceeding and after receipt of the representation of the petitioner on the enquiry report, the Disciplinary Authority is contemplating appropriate penalty that can be imposed upon the petitioner. She submits that since there is a possibility of imposition of major penalty upon the writ petitioner, any order of reinstatement of the petitioner in service, at this stage, would not only be detrimental to the interest of the Department but also embarrassing for the Government. Under such circumstances, Ms. Bhattacharjee submits that since the decision by the Disciplinary Authority is expected within a week, no order of reinstatement be passed in the present proceeding even if a technically sound case is made out by the writ petitioner.

6. I have considered the submissions made at the Bar and have also gone through the materials available on record.

7. From the case projected by the petitioner, it appears that the writ petitioner had discharged the duties as MD of AFDC during the period from 12/03/2020 to 15/12/2021. Thereafter, she was posted as Joint Secretary to the Gove